On Wednesday, December 9, 2020, from 18:15 – 19:45 (JST) / 10:15 – 11:45 (CET), an online seminar on Injunctive Relief in IP law will be hosted by Waseda University, Research Center for the Legal System of Intellectual Property（RCLIP）, and co-organised by the Deutsch-Japanische Juristenvereinigung e.V. (DJJV), the German Academic Exchange Service (DAAD) regional office Tokyo, and the German Centre for Research and Innovation Tokyo (DWIH Tokyo).
Germany has been recognized as one of the leading global hubs for patent litigation. One of the reasons for this status is the comparatively strong claim for injunctive relief, i.e. the right of patentees to exclude infringers from using patented technology. This notion of a rather inflexible injunctive relief has been criticized by legal academics and by parts of the German and international industry in recent years, and has finally attracted the attention of the German Federal Ministry of Justice that has earlier this year proposed to introduce a proportionality qualifier to injunctive relief.
In this seminar, Prof. Ansgar Ohly, one of Germany’s leading IP law scholars who has been closely involved in the government deliberations, will share his views on the development of the injunctive relief doctrine in Germany. Presiding Judge Matthias Zigann will add his observations and give an outlook on how a revision of the law would impact court practice in German infringement proceedings. Prof. Masabumi Suzuki will draw parallels to the claim for injunctive relief under Japanese law, and provide an outlook onto whether the revision of German law might impact the future of patent injunctions in Japan, too. The panelist’s remarks will be followed by a panel discussion and by a Q&A session open to the audience.
This seminar is free of charge (registration required) and will be translated into Japanese and English simultaneously. For more information and registration, please visit the website of the RCLIP.
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